Most of us associate DUI charges with the action of driving a car under the influence of alcohol, but it’s actually possible to be charged with a DUI while sitting in a parked car. Few people realize this, and many unsuspecting adults have been arrested for something they didn’t know was a crime.
This means that even the simple act of sitting in your car after a night at the bar has the potential to lead to a criminal charge and rest. Here’s what you should know about this little-known part of the law so you don’t become victim of it yourself.
What Do Your State Laws Say?
Laws differ from state to state. Some states like Florida have specific statutes in place to define the circumstances of DUI in a stationary car, while other states leave it to relevant case law to determine guilt.
As a Florida resident or visitor, you can be charged with a DUI even while sitting in a parked car. This is because Florida law defines a driver as “any person who drives or is in actual physical control of a vehicle.” The last portion of that statement allows prosecutors to charge you with a DUI even if your vehicle isn’t actively moving. Read More